Item 10Bi exas
MEMORANDUM
February 20, 2002
To: Billy Campbell, City Manger
From: Pedram Farahnak, P.E., Director of Public Works, 481-2308
Subject: An Interlocal Agreement between the City of Southlake and the City
of Colleyville to supply water service to the Timarron, Village H,
Phase 3 subdivision.
Action Requested: Authorize the Mayor to execute an Interlocal Agreement between
the City of Southlake and the City of Colleyville to supply water
service to the Timarron, Village H, Phase 3 subdivision.
Background
Information: Timarron, Village H, Phase 3 subdivision "Timarron Subdivision"
is located within the city limit of Colleyville, but within the
Southlake's Certificate of Convenience and Necessity ("CCN") for
water service.
"Timarron Subdivision" consists of 17.059 acres and is divided
into 25 residential lots. The Interlocal Cooperation Act, Chapter
791 of the Texas Government Code, authorizes city governments
within the state of Texas to contract with one another for the
provisions of various governmental services, including those
providing for water supply facilities.
Financial
Consideration: The developer will construct the complete distribution system in
accordance with the City of Southlake's standards and assume all
costs. The developer will dedicate separate and adequate easement
for Southlake's operations and maintenance at sole City's
discretion at no cost to the city and guarantee all work for a
minimum of two (2) years from the date of written acceptance of
system by the City of Southlake and provide all required bonds in
accordance with the current Southlake's residential developer's
agreement.
Citizen Input/
Board Review: None.
Legal Review: The agreement has been reviewed by the City attorney.
Alternatives:
Supporting
Documents:
None available.
Location Map
Subdivision Map
Interlocal Agreement
Staff
Recommendation: Authorize the Mayor to execute the Interlocal Agreement between
the City of Southlake and the City of Colleyville to supply water
service to the Timarron, Village H, Phase 3 subdivision.
Staff
Contact: Pedram Farahnak, P.E., Director of Public Works
Charlie Thomas, P.E., City Engineer
CC: Bruce Payne, AICP, Director of Planning
PF/kw
01i15/2002 10:44 8175777562 CITY OF COLLEYVILLE PAGE 02
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF COLLEYVILLE AND THE CITY OF SOUTHLAKE
FOR WATER SERVICE FOR TIMARRON,
VILLAGE H, PHASE 3 SUBDIVISION
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made and entered into by and between the City of Colleyville,
Texas, a home rule municipal corporation operating pursuant to the laws of the State of
Texas and located in Tarrant County (hereinafter referred to as ,Colleyville"), and the City
of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of
the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as
"Southlake"), Colleyville and Southlake are hereinafter collectively referred to as the
"Municipalities."
WHEREAS, the Timarron, Village H, Phase 3 Subdivision (hereinafter referred to
as the "Timarron Subdivision") is currently being developed within the city limits of
Colleyville, and
WHEREAS, the Timarron Subdivision is located within Southlake's certificate of
convenience and necessity("CCN") for water service, but within the city limits of Colleyville;
and
WHEREAS, the Municipalities mutually desire to enter into an agreement regarding
Southlake's provision of potable water to the Timarron Subdivision within Colleyville; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes city governments within the State of Texas to contract with one another
for the provision of various governmental functions and the delivery of various
governmental services, including those providing for water supply facilities:
NOW, THEREFORE, for the mutual consideration herein stated, the Municipalities
agree as follows:
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8175777562 CITY OF COLLEYVILLE PAGE 03
1.
This interlocal agreement shall cover the parcel of land as shown on Exhibit
"A" attached hereto, consisting of 17.059 acres and divided into 25
residential lots. This parcel of land lies within Southlake's CCN and the
Colleyville city limits. Developer and/or his successors or assigns are not the
intended beneficiaries of this Agreement and shall have no right to enforce
or claim damages as a result of a breach of this Agreement.
2.
Southlake shall provide water service to the Timarron Subdivision.
Southlake shall own and maintain the water supply system and shall directly
collect for the provisions of water to the Timarron Subdivision. Southlake
shall have exclusive authority to set the water rates for all water service
provided by Southlake.
3.
Colleyville shall provide police, fire and emergency services to the Timarron
Subdivision:
4.
Southlake shall not be subject to any franchise fees, service fees, or other
costs normally charged by Colleyville for providing the water services set
forth in this agreement,
5.
All other fees not addressed above and normally collected by Colleyville or
Southlake will not be affected by this agreement.
6.
All other services not addressed above and normally provided by Colleyville
or Southlake to their residents will not be affected by this agreement.
7.
Each party paying forthe performance of governmental functions or services
must make those payments from current revenues available to the paying
pa ny.
8.
Southlake makes no guarantee that water supply capacity will be available
at any particular time or place, it being fully understood by both parties
hereto that the ability of Southlake to supply water services is subject to
Southlake's water system capacity. Southlake shall be the sole judge of the
availability of such capacity to supply such water services, provided,
however, that Southlake will use its best efforts to ensure that said water
supply capacity is available.
9.
Any notice provided for herein shall be given in writing and delivered or
mailed by certified or registered United States Mail, postage prepaid,
addressed as follows:
IF TO THE CITY OF SOUTHLAKE:
City of Southlake
ATTN: City Manager
1400 Main Street, Suite 460
Southlake, Texas 76092
W:1BoulhlakeAgreements1interiot I W2ter.FN3.w0d (12-04-01) Page 2
01/15/2002 10:44 8175777562 CITY OF COLLEYVILLE PAGE .04
IF TO THE CITY OF COLLEYVILLE:
City of Colleyviile
ATTN: Mayor
Colieyville, Texas-_
The designation of a person to whom and the place to which notices are to
be mailed or delivered may be changed from time to time by any party giving
written notice to the other party.
10. This Agreement and all of its terms and provisions, as well as the rights and
duties of the parties hereto, shall be governed by the laws of the State of
Texas. In the event that any cause of action is filed by either party arising
out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant
County, Texas.
11. In the event that any portion of this Agreement shall be found contraryto law,
it is the intent of the parties that the remaining portions shall remain valid and
in full force and effect to the extent legally permissible.
12. Each party agrees to accept full responsibility for the acts, negligence and/or
omissions of its respective officers, employees and agents, It is the intent of
the Municipalities that each will be responsible to the extent permitted by law,
but this provision is not intended to waive any element of sovereign
immunity, or to remove any further protections afforded general purpose
units of government pursuant to Texas law.
13, The undersigned officers and/or agents of the Municipalities hereto are the
properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the Municipalities. Each city hereto certifies to the
other that any necessary resolutions or orders extending said authority have
been duly passed and are now in full force and effect.
14, This Agreement is executed in duplicate originals on the dates indicated
below.
CITY OF COLLEYVILLE
By:
Mayor
Date:
ATTEST:
City Secretary
City of Colleyville
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Vicinity Map
Timarron, Village H, Phase 3